Cases where the Ministry of Culture, Sports and Tourism of Vietnam refuses to provide information to the press

Regarding this issue, LawNet would like to answer as follows:

On March 13, 2023, the Ministry of Culture, Sports and Tourism of Vietnam issued Decision 562/QD-BVHTTDL on the Regulation on announcing and providing information to the Press of the Ministry of Culture, Sports and Tourism.

Cases where the Ministry of Culture, Sports and Tourism of Vietnam refuses to provide information to the press (Internet image)

1. Cases where the Ministry of Culture, Sports, and Tourism of Vietnam refuses to provide information to the press

Specifically, according to Article 11 of the Regulation attached to Decision 562/QD-BVHTTDL, cases where the Ministry of Culture, Sports, and Tourism refuses to provide information to the press include:

- Cases of refusal to provide information to the press comply with the provisions of Clause 2, Article 38 of the Press Law as follows:

+ Information on the list of State secrets, secrets under the Party's principles and regulations, personal secrets, and other secrets as prescribed by law;

+ Information about the case being investigated or not yet tried, except for cases where state administrative agencies or investigating agencies need information in the press about issues beneficial to investigation activities, crime prevention, and combat;

+ Information about the case being inspected without any conclusion; the case is in the process of settling complaints and denunciations; disputes and conflicts between state agencies are in the process of being resolved, and there are no official conclusions of competent persons, which, according to the law, have not been allowed to be published;

+ Policy documents, projects are in the process of being drafted, but according to the provisions of law, they have not been allowed to be published by competent authorities.

- When a journalist fails to present a valid journalist's card or recommendation letter issued by a press agency.

2. Principles of announcing and providing information to the press of the Ministry of Culture, Sports, and Tourism of Vietnam

Article 4 of the Regulation attached to Decision 562/QD-BVHTTDL stipulates the principles of announcing and providing information to the press as follows:

- Spokesperson and authorized speaker are defined in Points b and c, Clause 1, Article 3 of the Regulations attached to Decision 562/QD-BVHTTDL to speak on behalf of the Ministry of Culture, Sports, and Tourism, as well as to speak to the press. The information provided to the press is the official information on the activities and views of the Ministry of Culture, Sports, and Tourism.

- The announcement and provision of information for the press should ensure accuracy, timeliness, and efficiency, and be consistent with the principles and purposes of each press agency.

- Individuals under the Ministry of Culture, Sports, and Tourism who are not assigned the task of announcing and providing information to the press may do so in accordance with the law, but not on behalf of the Ministry of Culture, Sports, and Tourism. They must also take legal responsibility for the content of the information they provide.

3. 06 forms of announcing and providing information to the press by the Ministry of Culture, Sports, and Tourism of Vietnam

Pursuant to the provisions of Article 5 of the Regulation attached to Decision 562/QD-BVHTTDL, there are 06 forms of speech and information provision for the press by the Ministry of Culture, Sports, and Tourism, including:

- Organizing press conference.

- Posting statements and providing information on the portal, website, or official social networking site of the Ministry of Culture, Sports, and Tourism or related units of the Ministry.

- Directly announcing to or giving interviews to journalists and reporters.

- Sending press releases, responses to press agencies, journalists, and reporters in writing or by email.

- Providing information through direct exchange or at press briefings, regular or extraordinary press conferences held at the central or local level when required.

- Issuing a written request to the press agency to publish, issue feedback, correct or apologize for information content in the press.

More details can be found in Vietnam's Decision 562/QD-BVHTTDL effective from signing for promulgation.

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